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28 U.S.C. § 612 — Judiciary Information Technology Fund
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Page 291
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 612
tirement credit under chapter 84 for service as
Director by depositing with interest 1.3 percent
of basic pay for service from January 1, 1984,
through December 31, 1986, and the amount re-
ferred to in section 8422(a) of title 5, for service
after December 31, 1986. Interest shall be com-
puted under section 8334(e) of title 5.
(b) Upon the retirement of a Director who has
elected coverage under this section and who has
at least fifteen years of service and has attained
the age of sixty-five years the Administrative
Office of the United States Courts shall pay him
an annuity for life equal to 80 per centum of the
salary of the office at the time of his retire-
ment.
Upon the retirement of a Director who has
elected coverage under this section and who has
at least ten years of service, but who is not eli-
gible to receive an annuity under the first para-
graph of this subsection, the Administrative Of-
fice of the United States Courts shall pay him
an annuity for life equal to that proportion of 80
per centum of the salary of the office at the
time of his retirement that the number of years
of his service bears to fifteen, reduced by one-
quarter of 1 per centum for each full month, if
any, he is under the age of sixty-five at the time
of separation from service.
(c) A Director who has elected coverage under
this section and who becomes permanently dis-
abled to perform the duties of his office shall be
retired and shall receive an annuity for life
equal to 80 per centum of the salary of the office
at the time of his retirement if he has at least
fifteen years of service, or equal to that propor-
tion of 80 percentum of such salary that the ag-
gregate number of years of his service bears
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Page 291
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 612
tirement credit under chapter 84 for service as
Director by depositing with interest 1.3 percent
of basic pay for service from January 1, 1984,
through December 31, 1986, and the amount re-
ferred to in section 8422(a) of title 5, for service
after December 31, 1986. Interest shall be com-
puted under section 8334(e) of title 5.
(b) Upon the retirement of a Director who has
elected coverage under this section and who has
at least fifteen years of service and has attained
the age of sixty-five years the Administrative
Office of the United States Courts shall pay him
an annuity for life equal to 80 per centum of the
salary of the office at the time of his retire-
ment.
Upon the retirement of a Director who has
elected coverage under this section and who has
at least ten years of service, but who is not eli-
gible to receive an annuity under the first para-
graph of this subsection, the Administrative Of-
fice of the United States Courts shall pay him
an annuity for life equal to that proportion of 80
per centum of the salary of the office at the
time of his retirement that the number of years
of his service bears to fifteen, reduced by one-
quarter of 1 per centum for each full month, if
any, he is under the age of sixty-five at the time
of separation from service.
(c) A Director who has elected coverage under
this section and who becomes permanently dis-
abled to perform the duties of his office shall be
retired and shall receive an annuity for life
equal to 80 per centum of the salary of the office
at the time of his retirement if he has at least
fifteen years of service, or equal to that propor-
tion of 80 percentum of such salary that the ag-
gregate number of years of his service bears to
fifteen if he has less than fifteen years of serv-
ice, but in no event less than 50 per centum of
such salary.
(d) For the purpose of this section, ‘‘service’’
means service, whether or not continuous, as Di-
rector of the Administrative Office of the United
States Courts, and any service, not to exceed
five years, as a judge of the United States, a
Senator or Representative in Congress, a con-
gressional employee in the capacity of primary
administrative assistant to a Member of Con-
gress or in the capacity of staff director or chief
counsel for the majority or the minority of a
committee or subcommittee of the Senate or
House of Representatives, or a civilian official
appointed by the President, by and with the ad-
vice and consent of the Senate.
(e) Each annuity payable under this section
shall be increased by the same percentage
amount and effective on the same date as annu-
ities payable under chapter 83 of title 5, are in-
creased as provided by section 8340 of title 5.
(Added Pub. L. 90–219, title II, § 201(a), Dec. 20,
1967, 81 Stat. 668; amended Pub. L. 100–702, title
X, §§ 1004(a), 1006(a)(1), Nov. 19, 1988, 102 Stat.
4665, 4666; Pub. L. 106–518, title III, § 301(a), Nov.
13, 2000, 114 Stat. 2416.)
Editorial Notes
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–518, § 301(a)(2), sub-
stituted ‘‘who has at least fifteen years of service and
has’’ for ‘‘who has served at least fifteen years and’’ in
first par. and ‘‘who has at least ten years of service,’’
for ‘‘who has served at least ten years,’’ in second par.
Subsec. (c). Pub. L. 106–518, § 301(a)(3), substituted ‘‘at
least fifteen years of service,’’ for ‘‘served at least fif-
teen years,’’ and ‘‘less than fifteen years of service,’’
for ‘‘served less than fifteen years,’’.
Subsec. (d). Pub. L. 106–518, § 301(a)(1), inserted ‘‘a
congressional employee in the capacity of primary ad-
ministrative assistant to a Member of Congress or in
the capacity of staff director or chief counsel for the
majority or the minority of a committee or sub-
committee of the Senate or House of Representatives,’’
after ‘‘Congress,’’.
1988—Subsec. (a). Pub. L. 100–702, § 1006(a)(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: ‘‘The Director may, by written election
filed with the Chief Justice of the United States within
six months after the date on which he takes office,
waive coverage under subchapter III (relating to civil
service retirement) of chapter 83, Title 5, United States
Code, and bring himself within the purview of this sec-
tion. Such waiver and election shall not operate to
foreclose to the Director, upon separation from service
other than by retirement, such opportunity as the law
may provide to secure civil service retirement credit
for service as Director by depositing with interest the
amount required by section 8334 of title 5, United
States Code.’’
Subsec. (e). Pub. L. 100–702, § 1004(a), added subsec. (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 AMENDMENT
Pub. L. 100–702, title X, § 1004(b), Nov. 19, 1988, 102
Stat. 4666, provided that: ‘‘The amendments made by
this section [amending this section and section 627 of
this title] shall apply to cost-of-living increases that go
into effect on or after the date of enactment of this
title [Nov. 19, 1988] with respect to any annuity being
paid or becoming payable on or after such date.’’
Pub. L. 100–702, title X, § 1006(b), Nov. 19, 1988, 102
Stat. 4667, provided that: ‘‘The amendments made by
this section [amending this section and section 627 of
this title] shall apply to persons holding the offices of
Director of the Administrative Office of the United
States Courts, Director of the Federal Judicial Center,
and Administrative Assistant to the Chief Justice on
the date of enactment of this title [Nov. 19, 1988].’’
RETROACTIVE EFFECT
Pub. L. 90–219, title II, § 205, Dec. 20, 1967, 81 Stat. 669,
provided that:
‘‘(a) Except as provided in subsection (b), the amend-
ments made by this title [enacting this section and
amending sections 376 and 604 of this title], insofar as
they relate to retirement and survivorship benefits of
the Director of the Administrative Office of the United
States Courts, shall be applicable only with respect to
persons first appointed to such office after the date of
enactment of this Act [Dec. 20, 1967].
‘‘(b) The provisions of section 611(a), the first para-
graph of section 611(b), and section 376(s), of title 28,
United States Code, as added by such amendments,
shall be applicable to a Director or former Director of
the Administrative Office of the United States Courts
who was first appointed prior to the date of enactment
of this Act [Dec. 20, 1967] if at the time such Director
or former Director left or leaves such office he had, or
shall have, attained the age of sixty-five years and
completed fifteen years of service as Director of the
Administrative Office of the United States Courts and
if, on or before the expiration of six months following
the date of enactment of this Act [Dec. 20, 1967], he
makes the election referred to in section 611(a) or sec-
tion 376(s), or both, as the case may be.’’
§ 612. Judiciary Information Technology Fund
(a)
ESTABLISHMENT
AND
AVAILABILITY
OF
FUND.—There is hereby established in the Treas-
Page 292
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 612
1 So in original. The comma probably should not appear.
2 See References in Text note below.
ury of the United States a special fund to be
known as the ‘‘Judiciary Information Tech-
nology Fund’’ (hereafter in this section referred
to as the ‘‘Fund’’). Moneys in the Fund shall be
available to the Director without fiscal year
limitation for the procurement (by lease, pur-
chase, exchange, transfer, or otherwise) of infor-
mation technology resources for program activi-
ties included in the courts of appeals, district
courts, and other judicial services account of
the judicial branch of the United States. The
Fund shall also be available for expenses, includ-
ing personal services, support personnel in the
courts and in the Administrative Office of the
United States Courts, and other costs, for the ef-
fective management, coordination, operation,
and use of information technology resources
purchased by the Fund. In addition, all agencies
of the judiciary may make deposits into the
Fund to meet their information technology
needs in accordance with subsections (b) and
(c)(2).
(b) PLAN
FOR
MEETING
INFORMATION
TECH-
NOLOGY NEEDS.—
(1) DEVELOPMENT
OF
PLAN.—The Director
shall develop and annually revise, with the ap-
proval of the Judicial Conference of the United
States, a long range plan for meeting the in-
formation technology resources needs of the
activities funded under subsection (a) and
shall include an annual estimate of any fees
that may be collected under section 404 of the
Judiciary Appropriations Act, 1991 (Public
Law 101–515; 104 Stat. 2133). Such plan and re-
visions shall be submitted to Congress.
(2) EXPENDITURES
CONSISTENT
WITH
PLAN.—
The Director may use amounts in the Fund to
procure information technology resources for
the activities funded under subsection (a) only
in accordance with the plan developed under
paragraph (1).
(c) DEPOSITS INTO FUND.—
(1) DEPOSITS.—There shall be deposited in
the Fund—
(A) all proceeds resulting from activities
conducted under subsection (a), including
net proceeds of disposal of excess or surplus
property, all fees collected after the date of
the enactment of the Judicial Amendments
Act of 1994 by the judiciary under section 404
of the Judiciary Appropriations Act, 1991
(Public Law 101–515; 104 Stat. 2133) and re-
ceipts from carriers and others for loss of or
damage to property;
(B) amounts available for activities de-
scribed in subsection (a) from funds appro-
priated to the judiciary; and
(C) any advances and reimbursements re-
quired by paragraph (2).
(2) ADVANCES AND REIMBURSEMENTS.—When-
ever the Director procures information tech-
nology resources for any entity in the judicial
branch other than the courts or the Adminis-
trative Office, that entity shall advance or re-
imburse the Fund, whichever the Director con-
siders appropriate, for the costs of the infor-
mation technology resources, from appropria-
tions available to that entity.
(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Fund
for any fiscal year such sums as are required to
supplement amounts deposited under subsection
(c) in order to conduct activities under sub-
section (a).
(e) CONTRACT AUTHORITY.—
(1) FOR
EACH
FISCAL
YEAR.—In fiscal year
1990, and in each succeeding fiscal year, the
Director may enter into contracts for the pro-
curement of information technology resources
in amounts which, in the aggregate, do not ex-
ceed amounts estimated to be collected under
subsection (c) for that fiscal year in advance
of the availability of amounts in the Fund for
such contracts.
(2) MULTIYEAR
CONTRACTS.—In conducting
activities under subsection (a), the Director is
authorized to enter into multiyear contracts
for information technology resources for peri-
ods of not more than five years for any con-
tract, if—
(A) funds are available and adequate for
payment of the costs of such contract for the
first fiscal year and for payment of any costs
of cancellation or termination of the con-
tract;
(B) such contract is in accordance with the
Director’s authority in section 604(g) of 28
U.S.C.; and,1
(C) the Director determines that—
(i) the need for the information tech-
nology resources being provided will con-
tinue over the period of the contract; and
(ii) the use of the multi-year contract
will yield substantial cost savings when
compared with other methods of providing
the necessary resources.
(3) CANCELLATION COSTS OF MULTIYEAR CON-
TRACT.—Any cancellation costs incurred with
respect to a contract entered into under para-
graph (2) shall be paid from currently avail-
able amounts in the Fund.
(f) AUTHORITY OF ADMINISTRATOR OF GENERAL
SERVICES.—Nothing in this section shall be con-
strued to limit the authority of the Adminis-
trator of General Services under sections 501–505
of title 40.
(g) ANNUAL REPORT.—
(1) IN GENERAL.—The Director shall submit
to the Congress an annual report on the oper-
ation of the Fund, including on the inventory,
use, and acquisition of information technology
resources from the Fund and the consistency
of such acquisition with the plan prepared
under subsection (b). The report shall set forth
the amounts deposited into the Fund under
subsection (c).
(2) ADDITIONAL
CONTENTS
OF
REPORT.—The
annual report submitted under this subsection
shall include—
(A) the specific actions taken and the
progress made to improve the plan developed
under subsection (b) and the long range au-
tomation plan and strategic business plan
developed under subsection (k); 2 and
(B) a comparison of planned Fund expendi-
tures and accomplishments with actual
Fund expenditures and accomplishments,
Page 293
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 612
and the reasons for any delays in scheduled
systems development, or budget overruns.
(h) REPROGRAMMING.—The Director of the Ad-
ministrative Office of the United States Courts,
under the supervision of the Judicial Conference
of the United States, may transfer amounts up
to $1,000,000 from the Fund into the account to
which the funds were originally appropriated.
Any amounts transferred from the Fund in ex-
cess of $1,000,000 in any fiscal year may only be
transferred by following reprogramming proce-
dures in compliance with section 606 of the De-
partments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations
Act, 1989 (Public Law 100–459; 102 Stat. 2227).
(i) APPROPRIATIONS
INTO
THE
FUND.—If the
budget request of the judiciary is appropriated
in full, the amount deposited into the Fund dur-
ing any fiscal year under the authority of sub-
section (c)(1)(B) will be the same as the amount
of funds requested by the judiciary for activities
described in subsection (a). If an amount to be
deposited is not specified in statute by Congress
and if the full request is not appropriated, the
amount
to
be
deposited
under
subsection
(c)(1)(B) will be set by the spending priorities es-
tablished by the Judicial Conference.
(j) LONG RANGE MANAGEMENT
AND BUSINESS
PLANS.—The Director of the Administrative Of-
fice of the United States Court shall—
(1) develop an overall strategic business plan
which would identify the judiciary’s missions,
goals, and objectives;
(2) develop a long range automation plan
based on the strategic business plan and user
needs assessments;
(3) establish effective Administrative Office
oversight of court automation efforts to en-
sure the effective operation of existing sys-
tems and control over developments of future
systems;
(4) expedite efforts to complete the develop-
ment and implementation of life cycle man-
agement standards;
(5) utilize the standards in developing the
next generation of case management and fi-
nancial systems; and
(6) assess the current utilization and future
user requirements of the data communications
network.
(Added Pub. L. 101–162, title IV, § 404(b)(1), Nov.
21, 1989, 103 Stat. 1013; amended Pub. L. 103–420,
§ 2, Oct. 25, 1994, 108 Stat. 4343; Pub. L. 104–106,
div. E, title LVI, § 5602, Feb. 10, 1996, 110 Stat.
699; Pub. L. 104–208, div. A, title I, § 101(a) [title
III, § 305], Sept. 30, 1996, 110 Stat. 3009, 3009–45;
Pub. L. 105–85, div. A, title X, § 1073(h)(2), Nov.
18, 1997, 111 Stat. 1907; Pub. L. 105–119, title III,
§ 304, Nov. 26, 1997, 111 Stat. 2491; Pub. L. 106–518,
title I, § 101, Nov. 13, 2000, 114 Stat. 2411; Pub. L.
107–217, § 3(g)(2), Aug. 21, 2002, 116 Stat. 1299; Pub.
L. 109–115, div. A, title IV, § 407(b), Nov. 30, 2005,
119 Stat. 2471.)
Editorial Notes
REFERENCES IN TEXT
Section 404 of Public Law 101–515, referred to in sub-
secs. (b)(1) and (c)(1)(A), was formerly set out as a
Court Fees for Electronic Access to Information note
under section 1913 of this title.
The date of the enactment of the Judicial Amend-
ments Act of 1994, referred to in subsec. (c)(1)(A), is the
date of enactment of Pub. L. 103–420, which was ap-
proved Oct. 25, 1994.
Subsection (k), referred to in subsec. (g)(2)(A), was re-
designated subsection (j) of this section by Pub. L.
106–518, title I, § 101(2), Nov. 13, 2000, 114 Stat. 2411.
Section 606 of Public Law 100–459, referred to in sub-
sec. (h), is section 606 of Pub. L. 100–459, title VI, Oct.
1, 1988, 102 Stat. 2227, which is not classified to the
Code.
AMENDMENTS
2005—Subsec. (e)(2)(B). Pub. L. 109–115 substituted
‘‘such contract is in accordance with the Director’s au-
thority in section 604(g) of 28 U.S.C.; and,’’ for ‘‘such
contract is awarded on a fully competitive basis; and’’.
2002—Subsec. (f). Pub. L. 107–217 substituted ‘‘sections
501–505 of title 40’’ for ‘‘section 201 of the Federal Prop-
erty and Administrative Services Act of 1949 (40 U.S.C.
481)’’.
2000—Pub. L. 106–518, § 101(1), substituted ‘‘technology
resources’’ for ‘‘technology equipment’’ wherever ap-
pearing.
Subsec. (f). Pub. L. 106–518, § 101(2), redesignated sub-
sec. (g) as (f) and struck out former subsec. (f) which
read as follows: ‘‘(f) APPLICABILITY
OF PROCUREMENT
STATUTE.—The procurement of information technology
equipment under this section shall be conducted in
compliance with the provisions of law, policies, and
regulations applicable to executive agencies under divi-
sion E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401
et seq.).’’
Subsec. (g). Pub. L. 106–518, § 101(2), redesignated sub-
sec. (h) as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(3). Pub. L. 106–518, § 101(3), struck out par.
(3) which read as follows: ‘‘(3) REPORT IN YEAR OF TERMI-
NATION
OF
AUTHORITY.—The annual report submitted
under this subsection for any year in which the author-
ity for this section is to terminate under subsection
(m), shall be submitted no later than 9 months before
the date of such termination.’’
Subsec. (h). Pub. L. 106–518, § 101(2), redesignated sub-
sec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 106–518, § 101(2), (4), redesignated
subsec. (j) as (i) and substituted ‘‘judiciary’’ for ‘‘Judi-
ciary’’ in two places, ‘‘authority of subsection (c)(1)(B)’’
for ‘‘authority of subparagraph (c)(1)(B)’’, and ‘‘under
subsection (c)(1)(B)’’ for ‘‘under (c)(1)(B)’’. Former sub-
sec. (i) redesignated (h).
Subsecs. (j), (k). Pub. L. 106–518, § 101(2), redesignated
subsecs. (j) and (k) as (i) and (j), respectively.
1997—Subsec. (f). Pub. L. 105–85 substituted ‘‘division
E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et
seq.)’’ for ‘‘the Information Technology Management
Reform Act of 1996’’.
Subsec. (l). Pub. L. 105–119 struck out subsec. (l)
which read as follows:
‘‘(l) TERMINATION OF AUTHORITY.—The Fund, and the
authorities conferred by this section, terminate on Sep-
tember 30, 1998. All unobligated amounts remaining in
the Fund on that date shall be deposited into the fund
established under section 1931 of this title to be used to
reimburse other appropriations.’’
1996—Pub. L. 104–106, § 5602(b)(1), substituted ‘‘Infor-
mation Technology Fund’’ for ‘‘Automation Fund’’ in
section catchline.
Subsec. (a). Pub. L. 104–106, § 5602(b)(3), substituted
‘‘information technology’’ for ‘‘automatic data proc-
essing’’ wherever appearing.
Pub. L. 104–106, § 5602(b)(2), substituted ‘‘Information
Technology Fund’’ for ‘‘Automation Fund’’.
Subsecs. (b), (c)(2), (e). Pub. L. 104–106, § 5602(b)(3),
substituted ‘‘information technology’’ for ‘‘automatic
data processing’’ wherever appearing.
Subsec. (f). Pub. L. 104–106, § 5602(b)(3), substituted
‘‘information technology’’ for ‘‘automatic data proc-
essing’’.
Pub. L. 104–106, § 5602(a)(1), substituted ‘‘the provi-
sions of law, policies, and regulations applicable to ex-
Page 294
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 613
ecutive agencies under the Information Technology
Management Reform Act of 1996’’ for ‘‘section 111 of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759)’’.
Subsec. (g). Pub. L. 104–106, § 5602(a)(2), substituted
‘‘section 201 of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 481)’’ for ‘‘sections
111 and 201 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481 and 759)’’.
Subsec. (h)(1). Pub. L. 104–106, § 5602(b)(3), substituted
‘‘information technology’’ for ‘‘automatic data proc-
essing’’.
Subsec. (l). Pub. L. 104–208, § 101(a) [title III, § 305],
substituted ‘‘September 30, 1998’’ for ‘‘September 30,
1997’’.
Pub. L. 104–106, § 5602(a)(3), (4), redesignated subsec.
(m) as (l) and struck out former subsec. (l) which read
as follows:
‘‘(l) DEFINITION.—For purposes of this section, the
term ‘automatic data processing equipment’ has the
meaning given that term in section 111(a)(2)(A) of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 759(a)(2)(A)).’’
Subsec. (m). Pub. L. 104–106, § 5602(a)(3), redesignated
subsec. (m) as (l).
1994—Subsec. (a). Pub. L. 103–429, § 2(1), inserted ‘‘pro-
gram activities included in the courts of appeals, dis-
trict courts, and other judicial services account of’’
after ‘‘equipment for’’ and substituted ‘‘, support per-
sonnel in the courts and in the Administrative Office of
the United States Courts, and other costs, for the effec-
tive management, coordination, operation, and use of
automatic data processing equipment purchased by the
Fund. In addition, all agencies of the judiciary may
make deposits into the Fund to meet their automatic
data processing needs in accordance with subsections
(b) and (c)(2)’’ for ‘‘and other costs, for the effective
management, coordination, operation, and use of auto-
matic data processing equipment in the judicial
branch’’.
Subsec. (b)(1). Pub. L. 103–420, § 2(2), substituted ‘‘ac-
tivities funded under subsection (a) and shall include
an annual estimate of any fees that may be collected
under section 404 of the Judiciary Appropriations Act,
1991 (Public Law 101–515; 104 Stat. 2133)’’ for ‘‘judicial
branch’’.
Subsec. (b)(2). Pub. L. 103–420, § 2(3), substituted ‘‘ac-
tivities funded under subsection (a)’’ for ‘‘judicial
branch of the United States’’.
Subsec. (c)(1)(A). Pub. L. 103–420, § 2(4), inserted ‘‘, all
fees collected after the date of the enactment of the Ju-
dicial Amendments Act of 1994 by the judiciary under
section 404 of the Judiciary Appropriations Act, 1991
(Public Law 101–515; 104 Stat. 2133)’’ after ‘‘surplus prop-
erty’’.
Subsec. (e)(1). Pub. L. 103–420, § 2(5), struck out ‘‘(A)’’
before ‘‘In fiscal year 1990’’ and substituted ‘‘amounts
estimated to be collected under subsection (c) for that
fiscal year’’ for ‘‘$75,000,000’’.
Subsec. (h). Pub. L. 103–420, § 2(6), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as fol-
lows: ‘‘ANNUAL REPORT.—The Director shall submit to
the Congress an annual report on the operation of the
Fund, including on the inventory, use, and acquisition
of automatic data processing equipment from the Fund
and the consistency of such acquisition with the plan
prepared under subsection (b). The report shall set
forth the amounts deposited into the Fund under sub-
section (c).’’
Subsec. (i). Pub. L. 103–420, § 2(7), substituted ‘‘may
transfer amounts up to $1,000,000 from the Fund into
the account to which the funds were originally appro-
priated. Any amounts transferred from the Fund in ex-
cess of $1,000,000 in any fiscal year may only be trans-
ferred by following reprogramming procedures in com-
pliance with section 606 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1989 (Public Law 100–459;
102 Stat. 2227)’’ for ‘‘and upon notification to the Com-
mittees on Appropriations of the House of Representa-
tives and the Senate, may use amounts deposited into
the Fund under subparagraph (c)(1)(B) for purposes
other than those established in subsection (a) only by
following reprogramming procedures in compliance
with provisions set forth in section 606 of Public Law
100–459.’’
Subsec. (j). Pub. L. 103–420, § 2(8), substituted ‘‘not
specified in statute by Congress’’ for ‘‘not specified by
Congress’’ in second sentence.
Subsec. (k). Pub. L. 103–420, § 2(9), added subsec. (k).
Former subsec. (k) redesignated (l).
Subsec. (l). Pub. L. 103–420, § 2(9), redesignated subsec.
(k) as (l). Former subsec. (l) redesignated (m).
Subsec. (m). Pub. L. 103–420, § 2(9), (10), redesignated
subsec. (l) as (m) and substituted ‘‘September 30, 1997’’
for ‘‘September 30, 1994’’ and ‘‘fund established under
section 1931 of this title’’ for ‘‘ ‘Judicial Services Ac-
count’ ’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104–106 effective 180 days after
Feb. 10, 1996, see section 5701 of Pub. L. 104–106, div. E,
title LVII, Feb. 10, 1996, 110 Stat. 702.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which a report required
under subsec. (g) of this section is listed on page 143),
see section 3003 of Pub. L. 104–66, as amended, set out
as a note under section 1113 of Title 31, Money and Fi-
nance.
§ 613. Disbursing and certifying officers
(a) DISBURSING OFFICERS.—The Director may
designate in writing officers and employees of
the judicial branch of the Government, includ-
ing the courts as defined in section 610 other
than the Supreme Court, to be disbursing offi-
cers in such numbers and locations as the Direc-
tor considers necessary. Such disbursing officers
shall—
(1) disburse moneys appropriated to the judi-
cial branch and other funds only in strict ac-
cordance with payment requests certified by
the Director or in accordance with subsection
(b);
(2) examine payment requests as necessary
to ascertain whether they are in proper form,
certified, and approved; and
(3) be held accountable for their actions as
provided by law, except that such a disbursing
officer shall not be held accountable or respon-
sible for any illegal, improper, or incorrect
payment resulting from any false, inaccurate,
or misleading certificate for which a certi-
fying officer is responsible under subsection
(b).
(b) CERTIFYING OFFICERS.—
(1) IN GENERAL.—The Director may designate
in writing officers and employees of the judi-
cial branch of the Government, including the
courts as defined in section 610 other than the
Supreme Court, to certify payment requests
payable from appropriations and funds. Such
certifying officers shall be responsible and ac-
countable for—
(A) the existence and correctness of the
facts recited in the certificate or other re-
quest for payment or its supporting papers;
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and Availability of Fund.—** There is hereby established in the Treasury of the United States a special fund to be known as the “Judiciary Information Technology Fund” (hereafter in this section referred to as the “Fund”). Moneys in the Fund shall be available to the Director without fiscal year limitation for the procurement (by lease, purchase, exchange, transfer, or otherwise) of information technology resources for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch of the United States. The Fund shall also be available for expenses, including personal services, support personnel in the courts and in the Administrative Office of the United States Courts, and other costs, for the effective management, coordination, operation, and use of information technology resources purchased by the Fund. In addition, all agencies of the judiciary may make deposits into the Fund to meet their information technology needs in accordance with subsections (b) and (c)(2).
**(b) Plan for Meeting Information Technology Needs.—**
(1) **Development of plan.—** — The Director shall develop and annually revise, with the approval of the Judicial Conference of the United States, a long range plan for meeting the information technology resources needs of the activities funded under subsection (a) and shall include an annual estimate of any fees that may be collected under section 404 of the Judiciary Appropriations Act, 1991 (Public Law 101–515; 104 Stat. 2133). Such plan and revisions shall be submitted to Congress.
(2) **Expenditures consistent with plan.—** — The Director may use amounts in the Fund to procure information technology resources for the activities funded under subsection (a) onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 612
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.